Madhya Pradesh Court January 2013 Judgments
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Kumari Aliza Beth Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-2013
WP 11564.12 Writ Petition No.11564 of 2012 (Ku. Aliza Beth v The State of M.P.and another) 29-01-2013 Shri Saurabh Tiwari, learned counsel for the petitioner. Heard. Order dated 9-12-2012 is being assailed vide this writ petition; whereby, claim of the petitioner for grant of family pension in lieu of death of her mother Smt. Ruith Merry, a retired domestic servant, earning pension after retirement, has been turned down on the ground that she is not eligible under Rule 47(6) of M.P.Civil Services (Pension) Rules, 1976. Said sub-rule (6) of Rule 47 stipulates :- (6) The period for which family pension is payable shall be as follows :- (i) in the case of a widow or widower, up to the date of death or remarriage whichever is earlier; (ii) in the case of a son, until he attains the age of 21 yeaRs.and (iii) in the case of an unmarried daughter, until she attains the age of 24 years or until she gets married, whichever is earlier: Provided that if the son or unmarried daughter of a Governme...
Sunil Kumar Khubchandani Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-2013
1 29/1/2013 Shri Sushil Tiwari, counsel for the petitioner. Smt. Nirmala Nayak, Government Advocate for the respondent / State. This petition has been preferred under Section 482 of Cr.P.C, seeking quashment of FIR dated 5.12.2011 registered at Police Station, Kuthla District Katni under Sections 420, 467, 471 of IPC on the basis of report of respondent No.2. Let notice of this petition be issued to the respondent No.2 by RAD. Steps within three working days. Notice be made returnable within three weeks. Let matter be listed in the week commencing from 11.2.2013 for further consideration. In view of the fact, that the father of the petitioner in the year 1996 sold the land to one Shyamlal, who has been made accused in the FIR, and a civil suit is already pending prior to lodging FIR, further proceeding in the case shall remain stayed till the next date of listing of the matter. CC as per rules. 2 (Tarun Kumar Kaushal) JUDGE dcs/-...
Anil Kumar Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-2013
Writ Petition No.3441/2010 29.01.2013 Mr. Anil Lala, learned counsel for the petitioner. Mr. Rajesh Tiwari, learned Government Advocate for the respondents No.1 to 4. Mr. Sanjay Kumar Singh, learned counsel for the respondent No.7. Mr. Pramod Kumar Pandey, learned counsel for the respondent No.8. With consent of learned counsel for the parties, the matter is heard finally. In this writ petition, the petitioner has assailed the validity of the orders dated 10.03.2010, 1.7.2009 as well as 25.4.2009 and the resolution dated 14.2.2008 passed by the Commissioner, Collector, Sub- Divisional Officer as well as the Gram Panchayat respectively.2. The facts leading to filing of the writ petition briefly stated are that the petitioner at the relevant time was working on the post of Panchayat Karmi in the Gram Panchayat Chourahi, Janpad Panchayat Sihawal, District- Sidhi. The petitioner was also notified as Panchayat Secretary by the Collector in exercise of powers under Section 69 (1) of the M.P....
Union of India Vs. Uday Pal
Court: Madhya Pradesh
Decided on: Jan-29-2013
Review Petition No.544/2012 29/1/2013 Shri N.S.Ruprah, Advocate for the petitioner. Arguments concluded. This is a petition, under Order XLVII Rule 1 of the Code of Civil Procedure, for review of the order-dated 5/3/2012 passed in M.A.No.464/2012, directing the Registry to return the appeal for its presentation before the Bench at Gwalior in view of the fact that cause of action had arisen at a place between Jora Alapur and Sumaoli Railway Stations located in Distt. Morena, that falls within the territorial jurisdiction of the Bench of this Court at Gwalior. Learned counsel for petitioner, the Union of India, has strenuously contended that the order deserves to be reviewed as the order passed by the Tribunal, situated within the jurisdiction of the Principal Seat of this Court, constituted a part of cause of action and for the purpose, an analogy could have been drawn from Article 226(2) of the Constitution of India. To buttress the argument, implicit reliance has been placed on a four...
Ajit Kumar Mishra Vs. Kailash Kumar Vishwakarma
Court: Madhya Pradesh
Decided on: Jan-29-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA MISC. CRIMINAL CASE NO.7018/2010 Ajit Kumar Mishra and another -VERSUS- Kailash Kumar Vishwakarma ................................................................................................. Shri M. P. Shukla, counsel for the petitioners. Shri U. S. Jaiswal, counsel for the respondent. .................................................................................................... ORDER (Passed on the 29th day of January, 2013) The petitioners have challenged the order dated 10.11.2009 pased by the learned JMFC Rewa (Shri Vijay Bahadur Singh) in Criminal Case No.3910/2010 whereby a complaint was registered against the petitioners for offence punishable under Section 392 of I.P.C.2. The facts of the case are that, the respondent has moved a complaint against the petitioners that the respondent had purchased a truck not MP09-D 437.in a sum of Rs.1,70,000/-. An agreement was executed ...
Bhagchand and anr. Vs. Babulal and ors.
Court: Madhya Pradesh
Decided on: Jan-29-2013
Second Appeal No.659/1996 ( Bhagchand and another ..Vs.Babulal & others ) 29-01-2013 Shri Anurag Tiwari, learned counsel for the appellants. Shri Akhilesh Jain, learned counsel for the respondents. Before taking up the matter for final hearing, I.A.Nos.5359/2000, 5360/2000 and MCP No.236/2000 are taken up for consideration which have been filed by the legal representatives of the deceased/appellant No.1 Bhagchand for being impleaded as his legal representatives. It is not disputed that the appellant No.1 Bhagchand died on 17.1.2000 whereas applications for bringing his legal representatives on record and setting aside the abatement have been filed on 7.8.2000. This Court by order dated 3.11.2000 had directed the District Judge Seoni, to request and direct any Civil Judge posted at Seoni to inquire into the question whether the applicants were prevented by any sufficient cause from filing the application within the stipulated period. As directed by this Court, a report dated 16.3.2001 h...
Ramakant Tiwari Vs. Principal Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-2013
1 W.P.No.9418/2009 29.01.2013 Shri A.S.Pathak, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Government Advocate for the respondents. Heard. Order passed in this writ petition shall also govern the disposal of connected writ petition 73/2010 analogously heard. Both these writ petitions are directed against order dated 10.8.2009 whereby, the promotion given to the petitioner on the post of Upper Division Teacher by order dated 2.6.2009 has been cancelled. The reason shown in the order for cancellation being that the Assistant Teachers belonging to General category appointed prior to 2.8.1974 were only within zone of consideration. Whereas, the petitioners were having seniority of Assistant Teachers from 10.9.1974. Initially, engaged by order dated 26.7.1974, as Assistant Teacher while undergoing Teachers training on a fixed pay of Rs.100 per month during training period and after completion of training on grade Rs.169-4-185-5-240-6-260-10-300 with a specific condition ...
Dharamdas Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-2013
1 Writ Petition No. 1013/2013 29.1.2013 Shri Ajeet Singh, learned counsel for the petitioner. Heard. Petitioner, Head Master, School Education Department, seeks direction to respondents to promote him as Block Education Officer from the date respondent Nos. 6 and 7 were promoted and assign seniority as Block Education Officer over them. Direction is also sought to promote the petitioner as Head Master w.e.f. 15.11.1991, the post on which he is promoted from 25.1.2012. In nutshell petitioner seeks direction for promotion as Head Master from 15.11.1991 and the consequential promotion thereof. Petitioner and respondent Nos. 6 and 7 were initially appointed on 20.6.1979, 4.7.1980 and 1.7.1979 respectively in private school, viz., Adarsh Gramin Higher Secondary School, Khera (Churhata) district Rewa. That, in pursuant to State Government's decision on 15.12.1984/17.12.1984 the school was...
Durga Prasad @ Thakur Singh Vs. Mankuwar Bai
Court: Madhya Pradesh
Decided on: Jan-29-2013
1 HIGH COURT OF MADHYA PRADESH ; JABALPUR C.R.No.929/2012 Durga Prasad alias Thakur Singh Vs. Mankumar Bai For the Applicant : Shri Ramesh Tamrkar, Advocate. For the Respondent : Shri Vinay Sharma, Advocate. ORDER (29 /01 /2013 ) U.C. Maheshwari,J.The applicant/husband has directed this revision under section 397 read with 401 of the Cr.P.C being aggrieved by the order dated 7.3.2012 passed by the JMFC, Udaipura district Raisen in MJ.No.38/06 whereby allowing the application of the respondent filed under section 125 of the Cr.P.C, the applicant has been directed to pay her Rs.400/- per month from the date of the impugned order as maintenance.2. The facts giving rise to this revision in short are that the respondent herein filed the impugned application under section 125 of the Cr.P.C contending that she got married with the applicant I n accordance with the Hindu rites and rituals on dated 23.5.82 at village Didhawan. Thereafter, she resided with the applicant for five years in matrimo...
Ashoki Bai Vs. Shyamlal
Court: Madhya Pradesh
Decided on: Jan-29-2013
1 M.Cr.C No.383/2013 29/1/2013 Shri Mukesh Pandey, counsel for the petitioner. None for the respondent. This petition has been preferred under Section 482 of Cr.P.C, for issuance of direction to take effective steps in the case of maintenance in the trial Court against the respondent. On perusal of the records, it is revealed that in the year 2003, petitioner filed an application under Section 125 of Cr.P.C in the Court of JMFC, Lakhanadon. In pursuance of the order dated 5.8.2006 on it respondent / husband made some irregular installment of some amount. It is further submitted by the learned counsel for the petitioner that matter initiated 7 years ago is still pending and trial Court failed to take proper effective steps in the matter for grant of maintenance to the petitioner. In view of the aforesaid, instead of sending notice of the petition to the respondent, it is directed that trial Court shall expedite of hearing of M.J.C No.107/2007 ensure regular recovery of 2 M.Cr.C No.383/2...
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